Scott Harding-Lister

Clinical Negligence Solicitor

The Clinical Negligence Legal Process

If you or a loved one has suffered harm as a result of medical negligence, understanding the legal process can feel overwhelming. We guide our clients through each stage of a clinical negligence claim with clarity, compassion, and meticulous attention to detail.

This page sets out what you can expect when pursuing a clinical negligence claim in England and Wales.

1. Initial Enquiry and Case Assessment

Your journey typically begins with a no charge initial consultation with a member of the legal team. During this stage:

We will listen carefully to your account of what happened
We will ask questions about the treatment you received and the outcome
We may review initial documents, including GP or hospital records, referral letters, and complaint responses
If your claim appears viable, we will advise you on next steps and potential funding options (e.g. Conditional Fee Agreement or Legal Aid, if applicable)

There is no obligation to proceed beyond this stage, and your information is treated in the strictest confidence.

2. Obtaining and Reviewing Medical Records

If you choose to proceed, the next step involves:

Requesting your full medical records from all relevant providers (GP, hospital, specialists)
Reviewing the chronology of your treatment to identify key events and potential breaches of duty

We will create a comprehensive timeline and highlight any concerns about care that appear to fall below an acceptable standard.

3. Instructing Independent Medical Experts

We work with independent medical experts who:

Are specialists in the same field as the healthcare provider in question
Provide objective reports on whether the care fell below the standard expected and whether that caused the injury or deterioration in your condition

We usually instruct one or more experts at this stage, for example, a consultant surgeon, GP, radiologist, or psychiatris, depending on the circumstances of your case.

Their opinions are critical. A claim cannot succeed without expert evidence confirming both breach of duty and causation.

4. Letter of Claim

Once expert evidence supports your case, we will:

Send a formal Letter of Claim to the healthcare provider or NHS Trust responsible
Set out the factual and legal basis for the claim, including the negligent acts or omissions, the resulting harm, and the compensation sought

Under these preliminary stages the defendant has four months to investigate and respond stating whether they admit they were at fault or not

5. Defendant’s Response (Letter of Response)

The defendant will provide a Letter of Response, which may:

Admit liability in full or in part
Deny liability and provide their own expert evidence in support
Offer settlement without admission of liability

If liability is admitted, we may move straight to discussing settlement. If not, we will assess whether the evidence is strong enough to proceed to litigation.

6. Issuing Proceedings (if necessary)

If settlement cannot be reached, we may advise that court proceedings are issued.

We will draft and file the necessary documentation at court.
The defendant must file a Defence within a set timeframe
The court will then issue a timetable for the litigation process, including expert evidence, witness statements, and trial preparation

It is important to note that the majority of claims settle before trial as clinical negligence solicitors are excellent at screening out cases which are unlikely to be successful.

7. Negotiation and Settlement

Throughout the case, we will engage in ongoing negotiations with the defendant’s legal team. This may include:

Without prejudice discussions
Making or responding to offers
Considering mediation

We will always advise you on whether a settlement offer is reasonable and in your best interests.

8. Trial (if required)

If a trial becomes necessary:

We will instruct experienced barristers to represent you in court
The judge will consider all evidence, including expert reports and witness statements
A decision will be made as to whether negligence occurred and, if so, the appropriate level of compensation

Trials are rare, but we prepare meticulously when they do occur.

9. Compensation and Costs

If your claim is successful, compensation may cover:

Pain, suffering, and loss of amenity
Past and future care needs
Loss of earnings or pension
Medical treatment, aids, adaptations, and therapies
Travel expenses and other losses caused by the negligent treatment

We will also recover your reasonable legal costs from the defendant, subject to court rules and any funding arrangement in place.

Time Limits: How Long Do I Have?

The general rule is that you must start a clinical negligence claim within three years of:

The date of the negligent treatment, or
The date you first became aware (or ought to have been aware) that you suffered harm due to negligence

For children, the three-year limit begins on their 18th birthday. For adults lacking mental capacity, the time limit may not apply. We strongly advise seeking legal advice as early as possible to protect your position.

HOW SCOTT HARDING-LISTER & TEAM WILL PROCESS YOUR CASE

Scott takes a thorough, evidence-based approach to every case, ensuring that his clients receive tailored, expert legal representation. His team meticulously examines:

Medical records, identifying key evidence to support the claim.
Expert reports, ensuring that every case is backed by credible medical opinions.
Witness statements, uncovering the full extent of the negligence suffered.

Clients always have a dedicated point of contact, ensuring they receive ongoing support, clear communication, and guidance throughout the legal process. The team understands that pursuing a medical negligence claim can be an emotionally and physically demanding experience, and they are committed to providing compassionate and effective legal support from start to finish.

FIND OUT MORE THE PROCESS OF YOUR CASE

WHY CHOOSE SCOTT HARDING-LISTER & TEAM?

Scott is more than just a solicitor-his medical background, legal expertise, and established connections within the healthcare sector make him uniquely equipped to handle even the most complex clinical negligence claims. Clients trust Scott and his team because:

Specialist Medical and Legal Knowledge – As both a nurse and a solicitor, Scott has first-hand clinical experience that enables him to identify negligence where others might not.
A Proven Track Record – Years of success in securing high-value compensation for those affected by medical negligence.
A Dedicated Support Team – A skilled team of paralegals and legal professionals ensuring a smooth claims process.
No Win, No Fee Representation – Clients pay nothing unless their claim is successful, providing complete peace of mind.

Scott and his team are committed to achieving the best possible outcome for every client, ensuring they receive the compensation and justice they deserve while being supported throughout the entire process.

Scott Moncrieff & Associates

CONTACT US

Take the first step toward justice today. we offer a free, no-obligation consultation to discuss your case.

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